There are no formal requirements in terms of exams to be passed before taking the course. Nonetheless, some background knowledge of European Union Law would be appropriate in order to understand properly the impact of EU rules and principles on the subject. Furthermore, even if no formal language requirements have been set for attending the English-speaking courses delivered as part of the CIELIP programme, a sufficient command of the English language shall be considered as an implied prerequisite.

The course, as part of an optional English-speaking programme titled CIELIP (Comparative, International and European Law in Practice), intends to provide students with the necessary legal tools for understanding migration as a critical social phenomenon in the current times. The students' attention will be drawn to the difficulties inherent in the inter-relationship between the different sets of legal rules applicable in the field, embodied in international conventions, EU legal acts and national legislation, discussing the limits which the first two sets of rules pose on the States' discretion in regulating and limiting migratory movements. A particular focus will be posed on the currently most topical aspects of the subject, with particular regard to the handling of irregular migration by sea and of mass displacements caused by situations of conflict, as part of the controversial implementation of the duty of solidarity among EU Member States.

The course will mainly deal with the following topics:

1. The development of the EU migration policy: the abolishment of controls at the internal borders and the harmonization of controls at the external borders.

2. The EU rules concerning entry and stay of third country nationals for working, studying or other purposes and their implementation in national legislation.

3. The fight against irregular migration: the rules concerning the repatriation of irregular migrants; the action against migrants' smuggling and trafficking in human beings;

4. The EU asylum policy and its criticalities. The incidence of the 1951 Geneva Convention on Refugees and of international human rights treaties, most notably the European Convention on Human Rights; other forms of international protection, such as subsidiary protection as devised under the relevant EU rules, temporary protection as recently implemented for the first time in respect of persons fleeing the situation of conflict in Ukraine, and other forms of humanitarian protection provided for under national legislation.

5. Crucial issues posed by the said rules: the s.c. Dublin Regulation concerning the determination of the Member State competent for the examination of an application for asylum, and its perspectives of further reform.

6. The difficult implementation of the principle of solidarity within the European Union and the instruments available to Member States in order to react to uncontrolled migratory movements; the COVID-19 pandemic, the conflict in Ukraine and their impact on migration: the response by the EU and its Member States.

7. The external projection of the EU migration policy: the development of partnerships with the third countries of origin of mass migratory movements and the challenges posed by the current situation, between different perceptions among Member States and serious difficulties in the third countries concerned.

8. The law applicable to the personal status of refugees and the recognition of personal and the recognition of family status acquired in the country of origin.

(A) Azoulai L., de Vries K. (eds.); EU Migration Law, Legal Complexities and Political Rationales; Oxford University Press Oxford; 2014; (entire book); 978-0198708537

Students shall have care to consult the relevant treaty rules as well as EU legislation, as cited in the classes or in the textbook. For this purpose, they may avail themselves of the legal texts posted on the webpage by the course.

The course will be held in English. The course materials will be made available in the same language.

• The course will be delivered in classes (lezioni frontali). These will be supplemented by case studies (esercitazioni), based on cases decided by the Court of Justice of the European Union, the European Court of Human Rights, or national courts, which will be posted on the webpage of the course. Special attention will be devoted to the discussion of cases, in order to allow students develop an ability to discuss competently in English issues related to the main topics forming the subject of the course, acquiring a good command of the relevant legal terminology as well as a deep understanding of the legal problems inherent in this area of the law.

• The exams will take place in both written and oral form. Written proofs will be based on open questions (themes) on the topics treated in the course or included in the course syllabus. The oral proof, which is optional and presupposes the passing of the written proof, may imply a further question on topics dealt with in the course or contemplated in the course syllabus, with an impact on the final assessment in the maximum range of 10%.. Proofs will take place in closed-books mode (the consultation of legal texts or other materials will not be allowed). Since the course is taught in English as part of an optional programme delivered in that language, written and oral proofs will take place in English. The following criteria will be retained in marking the proofs: a) knowledge and ability to understand legal texts: 40% of the overall assessment; b) ability to establish connections among legal texts: 20% of the overall assessment; c) ability to apply the knowledge acquired: 20% of the overall assessment; d) autonomy of judgment and of critical appraisal: 20% of the overall assessment..

The course will be held in English, language to be used also for the consultation of the teaching materials.

English